and 10:00 p.m. on sunday and newest investigation on benghazi scandal. 4 >> shep: some the fox report. look at that. take a hurricane and a winter storm and a blast of arctic air and you get a super storm headed straight for the northeast, a halloween horror that is unprecedented and on the way. plus.... >> i've got a plan that will actually bridge us and create middle-class security. unlike mitt romney i'm proud to talk about that plan. >> the path of status quo the president represents will take us to $20 trillion in debt by the end of next four years. i'll put us on a new path that gets to us a balanced budget. >> shep: tonight, the presidential candidates go after each other's economic plan.

>> he was 93 years old fighting terminal cancer but still he managed to send in his vote. >> he has never missed an election in his entire life. he wasn't going to let this one go either. >> shep: the story of a dying world war ii vet that set an example for us all. first they are called the franken storm. like nothing we 6 ever seen since they started keeping records but it is coming together now and headed straight for the united states. it is really two storms that are about to come together as a super storm. this one is cat 2 hurricane about to merge with a winter storm one expected to blast the east coast with heavy rain, possibly snow under the worst possible time. full moon, high tides with 35-foot waves. right now hurricane sandy and so big, people will feel the impact

from florida all the way to maine. here is a look at the storm from space. just along the coast more than 40 million people are in its path but meteorologists predict as far as inland ohio could feel it. they say it could cause a billion dollars in damage or more but nobody knows what to expect as one forecaster to expect, we don't have many modern precedence for what the models are suggesting. hurricane sandy has crashed into cuba and killed two people in the caribbean and now on track to hit the united states within days. folks in miami beach are already feeling the winds all over south florida. sandy peeled the roof off the apartment building. white house officials have briefed the president and emergency management staffers are getting ready. a hurricane that affects, miami, charleston, virginia beach and

then delaware and then in new york city and long island up to boston and the coast of maine. entire east coast pounded for days. happy halloween. rick riechmuth is in the extreme weather center. this is incredible. >> probably the worst of it all the population zones is. in the short term, shep, we're talking about this hurricane. that is all we got going on right now. a category 2 storm. sandy hit parts of the bahamas and bringing rain in south florida. take a look at the pictures there. out of south florida. this is courtesy of a station in miami. you see the palm trees blowing and the surf that has been battering and dangerous already. a lot of beaches will be eroded. at you take what we're going to see, next 24-36 hours, we're going to talk about storm impacting florida, heavy rain

along the coastal area and certainly big surf and beach erosion in the short term. >> shep: then it emerges with something else and hits the northeast? >> we're talking about monday into tuesday event. storm continues to follow the coast. take a look by this, taking a sharp left turn and potentially strong impact in the land fall somewhere around the jersey shore. think about what we had last year with irene and all the damage with that. not too dissimilar storm. potential impacts and winds this time, much bigger story, i think we'll see winds 60-80 miles an hour and this time a long storm, 24-36 hours. that means we'll see a plotted more people with significant power outages and lots of damage to the beaches. >> shep: and cold. rick riechmuth will keep on it day in and day out. 12 days until americans pick the

next president. new poll governor romney gaining ground in a crucial battleground state. president obama's lead among women voters in virginia is down 12 points and it's six points. it shows the president and governor are tied at 47% among women voters nationwide. month ago he a 16-point lead. women are projected to make up more than 16% of the electorate. they have cut the men 13 points to five points. a spokesperson says she is not buying it. any poll that shows us tied with women and men is not a poll we are placing bets on in vegas. president targeting three it's a as he wraps up a 48-hour campaign marathon and governor romney is doing the make or break battleground of ohio.

carl cameron in defiance, ohio tonight and ed henry he is with the president in cleveland. what is he trying to do with women to get them back if in the fold. >> reporter: president was on with jay leno and brought up social issues will bring women back in the fold. romney is focusing on the economy something that men and women care about. rolling stone interview says he referred mitt romney as a b.s. they said don't focus on the profanity what he meant president mitt romney flip flopts to o matters to women and president has stood tall on those issues. here is what he had said in tampa. >> women should be making their own health care decisions. that is why the healthcare law we passed put those choices in your hands.

that is where it belongs. that is where it will stay as long as i'm president of the united states. >> reporter: and the obama camp got a surprise this morning, colin powell went on cbs news and endorsed the president. he endorsed him back in 2008 but his endorsement was up in the air, obviously someone who served in a republican administration, a retired general. obama camp may think he may go on the road but help women but men as well. >> shep: wrapping up with an event in cleveland. >> reporter: it is interesting. it was in vegas last night after jay leno. all nighter, he had katy perry and flew overnight and beat his son to tampa to get that battleground state then he went on to virginia. president ended up flying from chicago where he stopped back home to vote. first president ever to go

through early voting to get that done with and we're told on monday he'll be hitting some of these battleground states with bill clinton this time one of his chief surrogates are going to be florida, ohio and virginia. it's interesting katy perry had an odd dress. she called it a ballot dress. she had a box checked for the president. it's called the ballot dress. >> shep: ed, thanks. our new poll out of virginia, fox news poll shows governor romney closing in on the president not just with women. president's lead among all likely voters is down 7 points to 2 points. look at the changes to independents. last month it was an actual tie. now governor romney is up more than 20 points among independents. according to the gallup polling organization, independent voters are an increasing voting bloc. they have outnumbered democrats and republicans for the past few

years. carl cameron live with governor romney. we heard new lines from governor romney today. >> they are getting what they are call closing arguments. for more romney it's about distilling the race to the choice to the president and a status quo of stagnation. low job growth, low economic growth versus his own big change he is now referring to it. making his reference to desire to cut taxes, grow the economy, restore the u.s. reputation around the world. he had three stops and this will be the third in ohio wrapping up the night. listen. >> the obama campaign doesn't have a plan. the obama campaign is slipping because he is talking about smaller and smaller things despite the fact that america has such huge challenges and this is such an opportunity for america. that is why on november 6th i'm counting on ohio to vote for big

change. >> reporter: more romney continues to tout his debated performances. taken as totality many voters believe that mr. romney won them overall. they raised $111.8 million in first two weeks of october. no word on obama campaign where you can expect that money to go into the ground game. >> shep: latest state poll has governor romney trailing by five points. president had three times the field offices the governor does in ohio, yet governor romney's people say they are confident about their ground game. >> reporter: they are. there was a memo today. to give you an example. obama has 120 field offices in ohio alone. romney campaign says emphasis is telephone calling and door knocking. compared to 2008 campaign, more

than 20 times the number of households have been visited by a romney volunteer. across the country, it's lots of phone calls and lots of door knocking. romney campaign has not put as much money in the infrastructure but obama campaign put $30 million a month to get ready for the ground game. republican emphasis has been last week and they are still gearing up for it. >> shep: carl, thanks. >> it's one of the last report on jobs that we'll get before the election. it is in and we'll show you where we stand. plus an appeals court ruling on cannot buy handguns. the nra is not pleased with this one. that is and much more news on politics tonight from the journalists of fox news on a thursday fox report.

>>. >> shep: mixed bag of economic reports and they suggest the recovery is moving along at a

snail's pace. fewer americans filed for jobless benefits which is great. that fell below 375,000 and experts say that is sign that employers are hiring again. we're set to get a better picture next week when the government releases the monthly jobs report few days before election day. housing market looks a little less rosy today. only a slight jump number of americans to sign contracts to buy homes last month. according to one economist home sales could soon flatten. geri is here. it sounded so good but great news from great britain. [ laughter ] >> look to another economy. they are not in recession. they are out of recession. they are doing well. here is why. ticket sales from the olympics driving .2% of g.d.p.

they are doing very well. they had a double-dip recession. >> shep: dow broke out a slump. it went up 26 points, closed back above 13,000. it seems like the markets don't how to react to the news. >> like they ever do. earnings season mixed results, p and g did well and late in the day we got important amazon third quarter, apple also had third quarter. none of these tech companies doing very well. >> shep: apple, that was weird. >> sales were very good. >> shep: good to see you. there is a ban on selling handguns to under 21. we got a ruling from federal appeals court in texas. they challenged the 1968 law calling it unconstitutional but the judges say disarming certain

groups does not violate the second amendment. lawyers for the nra are considering an appeal. >> the teenager accused of murdering a 10-year-old girl in court today so was the victim's family. wait until you hear what they had to say about the suspect. deadly meningitis outbreak that linked to tainted medication is spread to another state. we are learning what executives of that the company told regulators in the past in order to avoid reprimand. it's all coming. remember when you said men are superior drivers? yeah. yeah. then how'd i get this... [ voice of dennis ] ...allstate safe driving bonus check? what is that? so weird, right? my agent, tom, said... [ voice of dennis ] ...only allstate sends you a bonus check for every six months you're accident-free... ...but i'm a woman. maybe it's a misprint.

does it look like a misprint? ok. what i was trying... [ voice of dennis ] silence. ♪ ask an allstate agent about the safe driving bonus check. are you in good hands?

>>. >> shep: today the relatives of ten-year-old girl sat silently in courtroom as the teenager

accused of murdering her stood before a judge. they say a 17-year-old confessed he did kidnap and murder jessica ridgeway. she disappeared earlier this month and police found her remains five days later. today jessica's great-grandmother said she would like somebody to light the suspect on fire and send him to 84 in a blaze of glory. another relative said just make sure he never goes free. >> all the others like him, they need to put him away, lock him up and never let them go. >> shep: people that know the suspect that he was loner. he was taking classes in forensics and had an interest in mortuary work. mother tipped off police and she cried out loud in court today. her son also admitted that he attacked a jogger back in may. >> shep: deadly form of meningitis that is sweeping the nation is so rare, experts say they are in uncharted territory.

it sickened 328 people and killed two dozen others. the disease has turned up in another state, south carolina, 18th state affected. they say a fungus made its way into steroid medication has silently taken hold inside the bodies of its victims. some 14,000 people got the tainted shots. for those who haven't gotten sick yet, it's a waiting game with a lot of unmention to. experts say the disease is extremely difficult to detect. killing it requires at least three months of a treatment that can cause hallucinations and no good way when it's safe to stop the treatment. jonathan serrie is live and facility linked to the drugs seems to have a history of problems. >> reporter: we're learning that back in 2004, massachusetts regulators had proposed a formal reprimand against a new england

compounding center for failing to meet standards in processing the chemical the same medication that is now implicated in this current outbreak. but the reprimand never came about because the company said it could be fatal to business. eight years later, people are dying and earlier this week the governor promised a much more rigorous regulatory climate. >> this administration we are going to take very different tact because we have seen from what has happened with this meningitis outbreak, how grave those consequences can be. >> reporter: case numbers continue to increase on a daily basis. >> shep: we normally see fungal meningitis with compromised immune systems but many of these victims were as healthy as could be. >> reporter: this disease is so rare, doctors don't know for

certain why this is, but the experts do have some pretty good speculation. many experts believe that this medication may have dealt these patients a double blow. first infecting them with the fungus and because of the anti-inflammatory properties of the steroid, they believe it may have limited their body's natural ability to ward off that fungal infection. >> shep: jonathan, thank you. today the pentagon is defending its decision not to send american forces to benghazi during that attack on our consulate. coming up we'll go inside the compound and take a never before seen look at the time line of this deadly raid. plus volcano experts say in this has never happened before. it's a lava lake and it is rising reaching levels never recorded in the united states.

that is next as we approach the bottom of the hour and top of the news at fox reports live tonight. ♪ [ male announcer ] it started long ago. the joy of giving something everything you've got. it takes passion. and it's not letting up anytime soon. at unitedhealthcare insurance company, we understand that commitment. and always have. so does aarp, an organization serving the needs of americans 50 and over for generations. so it's no surprise millions have chosen an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help cover some of the expenses

medicare doesn't pay. and save you up to thousands in out-of-pocket costs. to find out more, request your free decision guide. call or go online today. after all, when you're going the distance, it's nice to have the experience and commitment to go along with you. keep dreaming. keep doing. go long.

>>. >> shep: volcano watch nrs hawaii could witness history any day now. >> one crater on the big island's volcano has been erupting for 30 years but we're talking about a second crater. one you see here.

scientists say the lava isn't erupting but steadily rising. at last check it was hundred feet from the surface. 60 feet could see it rise with their own eyes from nearby observation decks. volcano national parks spokesman it appears to be a first in modern history. i'm shepard smith. this is fox report. it's the bottom of the hour and time for the top of the news. same terrorist group that claimed responsibility for that attack on the u.s. consulate in libya may have carried out another attack. gunmen killed the u.s. ambassador to libya and three other americans during the assault on september 11th. now, the house intelligence committee chairman tells fox news he believes the same group was behind a second attack in tunisia three days later. >> it may have been the same people but same organization,

they zoo decided to take advantage of the momentum of 9/11. >> the attackers may fight under the same name in libya but it's not clear whether there is any actual cooperation between the two groups. four demonstrators tied in the tunisia attack and staffers had to evacuate the embassy but no americans were hurt. it's the top story and katherine heritage. in the benghazi attack to start with. >> reporter: the person in custody is tunisian part of a group that wants to establish a islamic state. a libyan was hen killed in cairo after he rigged his apartment with explosives. the suspect was killed by a bomb he tried to use against the security forces during that raid. one analyst tells fox based on the number of weapons recovered in cairo he was part of a five man terrorist cell and third

suspect is believed to have fought for al-qaeda in iraq. >> shep: senator mccain is leveling some harsh new attacks on the administration over this thing. >> reporter: he is. he says the secretary of state has damaged her standing. initial statements benghazi was about the anti-islam video. >> i always admired secretary clinton and i'm saddened because she is harming reputation by engaging in this incredible cover-up, throwing herself under the bus. >> reporter: strong words from the senator for c.i.a. director david petraeus long considered untouchable because of his military accomplishments and director of national intelligence james clap er and also for blaming the anti-islam video. >> talking points came from the white house but the white house clearly had to get their information from clapper and

petraeus. that to me is beyond anything that i ever imagined of these two individuals and their agencies. if it is true. >> reporter: they insisted there is still evidence that the militants in benghazi saw them overrun in cairo and the single act inspired to act the terrorists to act in benghazi but there is disputed by many republicans on the hill. >> shep: in the hours and days after that attack, on the consulate in benghazi, there were so many questions and a lot of confusion. now, we have much clearer picture of what actually happened when the terrorists assaulted the compound and set the place on fire. we prepared a detailed four minute long report on exactly what happened when. >> september 11, around 10:00 p.m. entire safe haven that takes up the first floor is black with

thick smoke and thins. they move to a bathroom within the safe area that has a window. they try to open it but it doesn't help. there is just too much smoke. they drop to the floor trying to get air but they can't breathe. so they leave the safe haven and take their chances with the armed attackers that have taken over the compound. they found another window grill open. this is the window that special agent opened and crawls out of. stevens and smith did not crawl after him. even though he can barely see and barely breathe he goes back in, goes back in several times. he can't find them. he is overcome with smoke. >> he struggles up a small ladder to the roof of the building and collapses and radios the other agents. another a little emerges from the a tactical operation center

and moves to the small agent and get them out. they get into a armored vehicle and drive to a short distance to the residence. they crawl into the residence on their hands and knees feeling their way through the building to try to find their two colleagues. they find smith. they pull him out of the building. these is dead. now, remember, the crack site security team is gone but there is small unit of security a mile away. six americans and 16 from the militia arrive. they surround the compound but they are unable to find stevens and libyan forces say they can't hold the perimeter. the agents carry the body and exit the main gate. they head for the annex about a mile away and crowd fires upon them and throws two grenades under their vehicle. they take direct fire from

ak-47. despite heavy damage to the vehicle they keep rolling. several blocks away they hit more traffic and a busy benghazi neighborhood. car careens over the middle divider, pushes forward against opposing traffic and finally makes it to annex. sometime after midnight back at the mission, they enter the building and finds the body of stevens slumped on the floor. >> they don't know who he is. they drag him out through a window. his eyes are dazed. he is seemingly lifeless. when someone says they are breathing. they cheer allah akbar. god is great. ambassador stevens is brought here to the benghazi medical center where doctors tried to resuscitate him for some 35 minutes. he died of severe asphyxiation. the battle is on again. fighters are hitting it with ak-47 fire and retreat to a

building further back in the annex compound. sometime after one-third a at the benghazi airport a team of reinforce little arrive from tripoli. according to reports think were going into ambush. >> around 4:00 a.m. the annex compound is another wave of attacks. it is described as precise. the round of mortar fire targets a building behind this gate and that turns out to be dangerous and deadly. >> killed in that attack, two security personnel, glen doherty 42 and tyrone woods, 41, both former navy seals. badly injured is david uban the man that tried to save the lives of ambassador stevens and information manager smith. the fighters are repelled the annex reportedly a base of operation for sensitive intelligence work is secured. the decision is made evacuate

the whole enterprise. >> shep: fighting in syria could be coming to a halt after they agreed to a temporary cease-fire. with a couple hours what is supposed to be four day truce marking the muslim hollywood. fill of edde that falls to the city of mecca. the government vows to respond while the religious festival may provide some momentary peace, hours ahead of the truce, there were newer reports of bloodshed including the syrian capital. they claim government troops are on the attack and nobody is taking the cease-fire seriously. jonathan hunt is live with us. jonathan it's hard to believe the cease-fire has much of a chance to hold up. >> reporter: very hard to believe. when you look at the conditions laid down by the syrian u.s. army command under assad. they have effectively said yes, we will honor this cease-fire,

but we reserve the right to respond to any rebel attacks or bombings. we reserve the right to respond to any terrorist groups as they put it trying to rearm or reinforce their positions. we reserve the right to respond if we see any foreign fighters trying to be smuggled across our boards. on the other side of this, many the rebel groups they reserve the right to respond if they feel assad forces fire first. other rebel groups dismiss the cease-fire. >> shep: is the u.s. backing this effort? >> reporter: they hope it can hold for minimal period of four days but they are not very confident about it. listen.... >> we are putting forward that we would expect that they will now keep the word they have put on the street, but we have to see. as we have seen over the past year, syrian regime in particular is good at making promises and less good at following through. >> reporter: there is no precise

time line where the guns are supposed to fall silent. how do you have cease-fire unless everybody knows the precise minute they are to stop firing. there is no international monitors to observe this cease-fire and no consequences for anybody who breaks it. >> shep: what a mess. jonathan hunt. thank you. voters in the battleground state of ohio could decide our presidential election. hundreds of thousands of shows voters attend a buckeye state long list of colleges and universities. how the candidates are fighting for campus support. it is crucial. details coming up.

. bob... oh, hey alex. just picking up some, brochures, posters copies of my acceptance speech. great! it's always good to have a backup plan, in case i get hit by a meteor. wow, your hair looks great. didn't realize they did photoshop here. hey, good call on those mugs. can't let 'em see what you're drinking. you know, i'm glad we're both running a nice, clean race. no need to get nasty. here's your "honk if you had an affair with taylor" yard sign. looks good. [ male announcer ] fedex office. now save 50% on banners.

[ male announcer ] it's time for medicare open enrollment. are you ready? time to compare plans and see what's new. you don't have to make changes, but it's good to look. maybe you can find better coverage, save money, or both. and check out the preventive benefits you get after the health care law. ♪ medicare open enrollment. now's the time. visit medicare.gov or call 1-800-medicare. ♪ woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy

starts as low as $129 a year. for an agent, call the number that appears on your screen. de and ♪ ♪ you can help others along the way. ♪ ♪ a portion of every bottle that they sell goes to fight ♪ ♪ breast cancer and i think that's swell. ♪ ♪ the more you take, the more they'll pay, ♪ ♪ so make them write a big check today. ♪ ♪ and if you're feeling a little slow, ♪ ♪ then 5-hour energy will help you go. ♪ ♪ so buy a bottle of pink lemonade and ♪ ♪ you can help fight breast cancer today. ♪ >> shepard: inside ohio both candidates going hard after the student vote there which president obama a key backing four years ago. analysts say the crucial swing states like ohio have young voters who could play a very big role who determines who

wins the white house. ohio is home to more than 200 four year colleges and universities. of course that includes ohio state and the 56,000 students at its campus in columbus. steve brown is there tonight. hello, steve. >> hey there, shepard. it's like vote central here. and no one is predicting that barack obama won't win the youth vote, won't win the college vote. the question is how much will he win by. and there is a question because there is actual competition for the youth vote now. here on the ohio state campus there is a very active college republic group out supporting and touting mitt romney, reading off of his campaign talking points. particularly when it comes to the economy. and how hard it is these days for new graduates to find jobs these days. >> i have friends who graduated this past year who are now baby-sitting. one is working at a pool when they graduated from the ohio state university with very good degrees. >> and they haven't pulled out all the stops are to the obama backers campuses around the

state. but they are very close to it they managed to pull out busses to get folks three times a day campus to do early voting as well. they have been using all sorts of methodology to try to make sure people know they have got to get in to help the president in their view and they want folks to know that the effort is still there. >> we have been out here every single day almost since school started making sure people are either registered to vote or making sure people can volunteer, phone bank, canvas off campus and tell people when think can vote and early vote. >> obama faithful have work to do here on the ohio state campus. if it is one campus, the around the ohio state campus area produced almost 6,000 early votes. in 2008, this go around so far 12 days out, something over 3,000. so they got some work to do if they are going to fall -- if they are going to help out, again, the president.

shepard? >> shepard: steve brown live tonight at ohio state. microsoft today unveiled its biggest change to its popular windows operating system in nearly two decades. according to microsoft it designed windows 8 to work with both tablet and desktop computers. the revamped software ditched the familiar start button at the lower left hand corner of the scene. microsoft ceo steve balmer put it the whole screen filled with a bunch of colorful tiles is the start button. the software is set to go on sale tomorrow along with microsoft's first tablet computer dubbed surface. the ipad competitor starts at 499. and optional cover that doubles as a keyboard will set you back another 100 bucks. and windows 8 is crucial for that company. two suspects and one officer are dead tonight after an explosion during a police raid on an apartment building. it tops our news around the world in 80 seconds. russia, it happened in a western province. intelligence officials say

those two suspects were behind a july car bomb attack that wounded a top muslim cleric and killed his deputy. police say it was probably a grenade that killed that officer. [explosion] >> after the blast, agents stormed the building and killed the two suspects china, doctors say a woman is now stable a few days after a suspected bike seat stabbed her in the gut. she says she recognized the guy outside the housing complex where she works as a cleaner. she helped security guards take him down even though he had already threatened to stab her. she says her actions were, quote: nothing special. columbia, a construction crew working on a steep mountain highway drilled right into a huge vein of emeralds. local media report police are closed off the area after hundreds of people rushed to get a piece of the treasure. poland. engineers call it a controlled

catastrophe. they demolished one of the largest chimneys in a country in a power plant northwest of warsaw. it was almost 500 feet tall and the engineers used more than 200 explosion charges to bring it down and that's a wrap on this fox trip around the world in 80 seconds. >> we're learning of some printing problems that are affecting thousands of absentee ballots across the country. and it's happening as more americans cast their votes early. more including the president. and this world war ii veteran. he voted from a hospital bed and yesterday he died. so now the question will his vote even count? this world war ii vet. that's just ahead. based on this chart ? don't rush into it, i'm not looking for the fastest answer.

obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined. mike rowe here at a ford tell me fiona, who's having a big tire event? your ford dealer. who has 11 major brands to choose from? your ford dealer. who's offering a rebate? your ford dealer. who has the low price tire guarantee... affording peace of mind to anyone who might be in the market for a new set of res? your ford dealer. i'm beginning to sense a pattern. buy four select tires, get a $60 rebate. use the ford service credit credit card, get $60 more. that's up to $120. where did you get that sweater vest? your ford dealer.

>> shepard: the state had brung us hanging chad's and butterfly ballots new problem this time with absentee voters. because of a printing mistake scanning machines may not be able to read the ballots that the voters have already cast. so officials are copying 27,000 ballots other printing problems. supervisor in florida says don't worry about it, they copy ballots all the time. it's not rocket science, sure. a world war ii veteran has died decide whether the 93-year-old's vote will count in this year's election. more than 600,000 people have seen this picture online. frank could barely see at the time. he couldn't speak at all.

but his family says he was determined to vote. >> he has never missed an election in his entire life. and he wasn't going to let this one go either. >> shepard: he volunteered for the army from a japanese internment camp. congress later honored him and his unit with a congressional gold medal. trace gallagher has the details in our west coast news hub. according to state law that vote won't count but supporters are telling hawaii, let it go. >> and as is it stands right now, shep, even if the state of ohio really wants to disqualify -- it won't be able to the way it works. [audio cutting out] death certificate before november 6th. if they get it before november 6th, then they would nullify his vote. only if the state absentee ballot which is mixed up with thousands of others. if his ballot is found, and it's not allowed, his family hopes he still serves as an

inspiration. listen. >> if this photo encourages more people to vote, that would be the ultimate honor for my father and for those in the greatest generation. >> the family won't say who he voted for, only that he did, in fact, vote, shep. >> shepard: trace, clearly some technical problems out in los angeles so we have switched over to the telephone for you. despite the coverage this man got, his daughter read him only two newspaper articles, she red him the story from the idaho statesman and "los angeles times." those are the two big newspapers in the two states where he was sent to japanese internment camps. the reason he volunteered for the military was to show loyalty. he served in military intelligence interrogating japanese prisoners of war. here is frank before getting the congressional gold medal. >> i wanted to do my part to prove that i was not an enemy or that none of us were. that we were true americans

and we ever got the chances, we would do our best to serve our country and we did. >> and they did. the congressional gold medal was given to all of those who served in his regiment, mostly japanese americans, shep. >> shepard: trace gallagher live in los angeles. there is a custody battle over a dog and it's heading to court. coming to court as fox reports live tonight, the fight over the well-being of this one. ♪ leaving my homeland

♪ playing a lone hand ♪ my life begins today ♪ ♪ fly by ght away from here ♪ ♪ change my life again ♪ ♪ fly by night, goodbye my dear ♪ ♪ my ship isn't coming ♪ and i just can't pretend oww! ♪ [ male announcer ] careful, you're no longer invisible in a midsize sedan. the volkswagen passat. winner of a motor trend midsize sedan comparison. that's the power of german engineering.

>> shepard: lady liberty set to open her doors to more people than ever thanks to 30-million-dollar upgrade. statue of liberty upgrade is closed as it undergrows renovations. more accessible to wheelchairs and the stairs up to the crown aren't as steep. it's set to reopen on sunday 126th anniversary. obese daughters honda in the middle of a custody dispute

now. she adopted the dog from a rescue service but never got any paperwork. now the head of the service is suing and accusing the owner of not taking care of the owner. the dog owner says the dowch hand has dropped 15 pounds since she put it on a diet over the summer. both sides set to help block cell phone spam. fewer than 273,000 americans filed first time jobless claims last week. suggest employers are hiring though only modestly. number two, fundraising for the 2012 presidential race expected to top $2 billion today. that's according to the reporting of the associated press. and number one tonight. hurricane sandy barreling toward the eastern seaboard. forecasters say it could

collide with a big winter storm next week and slam right into the northeastern u.s. and on this day in the year 2002, a plane carrying a united states senator crashed in northern minnesota. nobody survived. senator paul well stone, his wife, daughter, and five others all killed. it happened 12 days before the election in which the minnesota democrat was running for a third term. he was the son of russian immigrants known as the conscience of the senate. a proud liberal who voted against going to war in iraq. and a champion of working families and the american poor. after the crash, then president george w. bush called the senator a man of deep conviction. today, former staffers say they are still trying to live up to the ideals of a senator who died tragically. 10 years ago today. and now you know the news for this thursday,